Handbook for Recognized Refugees, Humanitarian Status Holders, and Refugee Status Applicants. Refugee Status Determination Procedures in Korea

Transcription

1 Handbook for Recognized Refugees, Humanitarian Status Holders, and Refugee Status Applicants Refugee Status Determination Procedures in Korea Refugee Status Determination Procedures in Korea

2 The Refugee Act of the Republic of Korea went into effect on July 1, This Handbook, translated into seven languages, is intended to guide people in need and improve their understanding of Korea s refugee policies and procedures contained in the Refugee Act.

3 CONTENTS Chapter 1 Refugee Recognition System of Korea 04 Chapter 2 Rights and Treatment of Recognized Refugees 06 Chapter 3 Rights and Treatment of Humanitarian Status Holders 08 Chapter 4 Rights and Treatment of Refugee Status Applicants 11 Chapter 5 Refugee Status Determination Procedures Applying for Refugee Status at Ports of Entry 2. Applying for Refugee Status during Stay in Korea 3. Refugee Status Determination Procedures 4. Permission to Stay for Refugee Status Applicants 5. Permission for Employment of Refugee Status Applicants 6. Completion of RSD Procedures 7. Issuance of the Certificate of Recognized Refugees 8. Permission to Stay for Recognized Refugees 9. Issuance of the Notice on Non-Recognition of Refugee 10. Limitation on Refugee Recognition 11. Cancellation and Withdrawal of Refugee Status Recognition Chapter 6 Appeal 31 Chapter 7 Refugee Travel Documents 34 Annexes List of Immigration Offices in Korea UNHCR and refugee support organizations Refugee Act / Enforcement Decree and Enforcement Rule of the Refugee Act 36 39

4 Refugee Status Determination Procedures in Korea Chapter 1 Refugee Recognition System of Korea As of July 1, 2013, the Refugee Act of the Republic of Korea, the first stand-alone law on refugees in the Asia region, went into effect, establishing a process for refugee recognition consistent with the 1951 Convention relating to the Status of Refugees (the Refugee Convention). The introduction of Korea s refugee law helps to establish a more solid foundation for the country s refugee system, and enables greater human rights protection for refugees. The term Refugee refers to an alien who is unable or unwilling to avail him/ herself of the protection of his/her country of nationality owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; or who, not having a nationality, is unable or, owing to such fear, unwilling to return to the country of his/her former residence prior to entry into the Republic of Korea. The Republic of Korea signed both the 1951 Refugee Convention and the 1967 Protocol relating to the Status of Refugees (the Refugee Protocol) on December 3, 1992, each of which entered into force on March 3, Provisions regarding refugees were first established in the Immigration Control Act and its Enforcement Decree on December 10, Following the enactment of the Refugee Act on February 10, 2012, the Refugee Act subsequently entered into force on July 1, The Korean. The Korean Government established the Refugee Division under the Ministry of Justice on June 12, 2013 to pursue and implement refugee policies consistent with Korea s growing role on the world stage. The year 2013 has been especially meaningful for the Republic of Korea, as we have been elected as the Chair nation of the Executive Committee of the High Commissioner s Programme (ExCom), and are therefore shouldering greater responsibility in the arena of global refugee policy. 04

5 In accordance with the Refugee Act of Korea, aliens who fall within the refugee definition will, upon their application, be recognized as refugees after undergoing evaluation by Refugee Status Determination (RSD) officers. Once recognized, the refugees are entitled to treatment specified under the Refugee Act and protection pursuant to the Refugee Convention. Moreover, the Refugee Act of Korea guarantees the right to appeal in case of the denial of the application, while allowing applicants to stay in Korea during appeal procedures by providing them with refugee applicant status. Under the Refugee Act, aliens can apply for refugee status at ports of entry as well as Immigration Offices, Immigration Branch Offices, and Immigration Detention Centers. Applicants are entitled to receive assistance from an attorney during their RSD procedures, be accompanied by a trusted person in interviews, and receive interpretation service from qualified interpreters. Under the law, recognized refugees are entitled to social security and basic living security services, and may receive social integration training to help their integration. Their academic credentials and qualifications earned abroad may also be partially or fully recognized here in Korea. The spouse and minor children of recognized refugees are also entitled to receive permission to enter Korea. Humanitarian status holders are now eligible to receive permission to engage in employment activities, while refugee status applicants may receive support such as living expenses, access to residential facilities, medical services and access to primary and secondary education. Moreover, the Ministry of Justice has recently established and is operating a refugee support center to provide refugee applicants with better support for their initial settlement and livelihood, as well as to embrace smoother social integration of recognized refugees. 05

6 Refugee Status Determination Procedures in Korea Chapter 2 Rights and Treatment of Recognized Refugees A person who is recognized as a refugee (hereinafter referred to as a recognized refugee ) is an alien who is recognized as a refugee pursuant to the Refugee Act. 1. F-2 Resident Visa and Permission for Employment As a recognized refugee, you will be given an F-2 Resident visa, which grants stable status of stay in the Republic of Korea. You may also freely work in a place where employment of recognized refugees is not prohibited. 2. Issuance of Refugee Travel Document and Exemptions of Re-Entry Permit You may receive a Refugee Travel Document to travel outside Korea. The document enables multiple (or unlimited) entries to Korea without obtaining an additional permit within its validity period. 3. Permission for Family Reunification for the Spouse and Minor Children Your spouse and underage children may enter and stay in Korea after obtaining a C-3 Short-term General visa at a Korean diplomatic mission overseas. In accordance with the Principle of Family Unity, your spouse and minor children may be recognized as refugees as well. 4. Guarantee of Social security at the same level as for Korean citizens in accordance with the Frame Work Act on Social Security 5. Allowances pursuant to the National Basic Living Security Act (If, eligible) If you do not have a person who has a legal duty to support you, or even if you do have one, he/she does not have the ability to support you or he/she does not provide you with support while you earn less than the guaranteed minimum income, you may apply for financial support for livelihood, residence, medical care, education and others at the community service office of the Eup/Myeon/Dong in the area of your residence. 06

7 6. Health Insurance Benefits Pursuant to the National Health Insurance Act You can receive health insurance benefits as a district subscriber in Korea. Please find more information at the National Health Insurance Cooperation Website (www. nhis.or.kr). 7. Medical Care Services in accordance with the Medical Care Service Support Project for Marginalized People Including Migrant Workers If you are not eligible to enjoy the benefits of medical services under the current medical social security systems (e.g. health insurance or medical care allowances), the Ministry of Health and Welfare may provide you with financial support for hospitalization and surgery whenever your circumstance requires such treatments. 8. Elementary and Secondary Education If you and/or your children are less than 19 years old, you and/or your children can receive the same level of primary and secondary educations as Korean citizens; Depending on your age, learning ability or educational circumstances, you may be able to receive financial support for admission/tuition fees in accordance with the Elementary and Secondary Education Act. 9. Social Integration Program including Korean language classes If you complete the social integration program step by step according to your proficiency in Korean, you may enjoy a few benefits including an interview exemption when acquiring Korean nationality. Please find more information at the Immigration and Social Integration Network website ( or call the Korea Immigration Integration Program Centers (KIIP Centers). 10. Vocational Training Pursuant to the Act on the Development of Workplace Skills of Workers Please find more information at the Human Resources Development Service of Korea website ( 11. Recognition of Academic Credentials and Qualifications Obtained Abroad An official confirmation from the Korean Consulate (or the Consulate General) in your country of nationality, or via Apostille, etc., is required for the recognition of your academic credentials or qualifications acquired abroad. 07

8 Refugee Status Determination Procedures in Korea Chapter 3 Rights and Treatment of Humanitarian Status Holders A person who is given permission to stay on humanitarian grounds (hereinafter referred to as a humanitarian status holder ) refers to an alien to whom the category of refugees does not apply but for whom there are reasonable grounds to believe his/her life or personal freedom may be egregiously violated by torture or other inhumane treatment or punishment or other circumstances. 1. Permission to stay in Korea until the circumstances connected to the humanitarian status recognition ceases to exist You will be given a G-1 Miscellaneous visa, and you can apply for the extension of stay for up to 1 year per application. 2. No forcible return to the country of origin or country of habitual residence 3. Permission to Work with a comprehensive employment activity permit If you wish to work in a non-professional field, you may do so, for the maximum of one year within the authorized period of stay, without an obligation to designate a workplace after obtaining permission for comprehensive activities beyond your given status. Required Document: Application (Annex No. 34), passport, Alien Registration Card, No fee. You are allowed to work in any place except those listed on Prohibited Places for Employment (Please see the table below). However, if you wish to work in a field which requires professional skills, you are required to meet the conditions specified in the Immigration Control Act. 08

9 Prohibited Places for Employment Working in a place where speculative and gambling businesses are conducted as specified in subparagraph 1 of Article 2(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and Article 2 of the Enforcement Decree thereof. Working as an employee who entertains guests in a place of business which is considered a singing bar or an entertainment bar under Article 36 of the Food Sanitation Act and subparagraph 8 of Article 21 of the Enforcement Decree thereof. Working in a business which may be prejudicial to good public morals and which falls under the category of the businesses negatively affecting public morals, as prescribed by Article 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals and Article 2 of the Enforcement Decree thereof. Other activities crossing the boundary of expected conducts of refugee status applicants, or areas where the Minister of Justice deems it necessary to prohibit employment activities of refugee status applicants. You may change your workplace freely within the authorized duration of stay. However, if such changes occur, you must report your employment circumstance(s) via online (Hi-Korea website) within 15 days of the date you started work for a particular individual, agency, or organization, or, the date you changed the workplace. (Please fill out and submit the Confirmation on Employment of Humanitarian Status Holder) 4. Access to Assistance Services, including Residence, Medical Care, Education, Fitness, Counseling, and others, provided by a Refugee Support Center 09

10 5. Access to Medical Care Services Provided in accordance with the Medical Care Service Support Project for Marginalized People including Migrant Workers If you are unable to receive medical benefits, such as health insurance, medical aids and others, under the current healthcare system, you may receive the financial support for your medical care expenses for a hospitalization and surgery regardless of the number of support requests you have made in the past. 6. Guarantee of the same treatments as refugee status applicants You may enjoy the same level of benefits, such as access to residential facility, medical support and guarantee of education, etc., as the refugee applicants, as prescribed by the Refugee Act. 10

11 Refugee Status Determination Procedures in Korea Chapter 4 Rights and Treatment of Refugee Status Applicants A person who has applied for refugee status (hereinafter referred to as a refugee status applicant ) refers to an alien who has filed a refugee status application and to whom any of the following applies: A. The person s refugee status application is being examined under the refugee status determination procedure; B. The person s refugee status application was rejected or the person s appeal against the denial of refugee status was dismissed, and the filing period for an appeal, administrative appeal or administrative litigation concerning the decision has not expired; or C. The person s administrative appeal or administrative litigation concerning the denial of refugee status is ongoing. 1 Procedural Rights 1. You have the right to receive the assistance of an attorney 2. You have the right to bring and be seated with a trusted individual during your refugee interview provided that the presence of this person does not interfere with the fairness of the interview. 3. You have the right to request interpretation services from a professional refugee interpreter of the same sex or other qualified individuals. 4. You have the right to confirm your refugee interview record in a language you understand. 5. You have the right to request access to or copy of your refugee record and the relevant materials submitted by you. Fee: 500\per disclosure / 50\per page of copy 11

12 2 Treatment during Stay 1. Permission to stay in Korea until the determination procedure for your refugee application is over. Please refer P.24 for information on permission to stay If you submit a written application for refugee status to the immigration office with jurisdiction over your place of stay, you will be allowed to stay in Korea for 6 months on a G-1 visa. Once the extension of stay is granted, you will be allowed to stay in Korea until the Refugee Status Determination (RSD) procedures on your case are completed. 2. Support for living expenses, etc If you wish to receive financial aids for your living expenses and others, you need to submit a written Application for Living Expenses, etc., to the head of immigration office or branch office with jurisdiction over your place of stay, or where you filed refugee status application. Once you are found eligible, you will receive the financial support for 6 months from the date you submitted your refugee status application (the payment will start after your application for living expenses support. It will not apply retroactively). 3. Permission to work (Pre-permission required) Please refer p.25 If the RSD procedures on your case have not been completed even after 6 months of your application, you may work during your authorized stay. To this end, you need to find a workplace first, and then apply for permission for activities beyond your given status. However, when you change your workplace, you need to apply for permission before the change takes place. 4. Residential support If eligible, you may be provided with a place to stay within a refugee support center for the maximum period of 6 months. 5. Financial support for a health check-up required for the refugee status application 12

13 6. Access to Medical Care Services under the Medical Care Support Project for Marginalized People including Migrant Workers If you are unable to receive medical benefits, such as health insurance, medical aids and others, under the current healthcare system, you may receive the financial support for your medical care expenses for a hospitalization and surgery regardless of the number of support requests you have made in the past. 7. Elementary and secondary education If you and/or your children are less than 19 years old, you and/or your children can receive the same level of primary and secondary educations as Korean citizens. 13

14 14 3 Guidelines for Living Expenses Support for Refugee Status Applicants

15 15

16 Refugee Status Determination Procedures in Korea Chapter 5 Refugee Status Determination Procedures 1 Applying for Refugee Status at Ports of Entry <Refugee Recognition Application and Procedures at a Port of Entry> Application at the Port of Entry Interview Pre-assessment Valid ground(s) (Eligible for further reference) No valid ground (Ineligible for further reference) Repatriation Apply for Refugee Status Interview Refugee Status Determination Granted Refused Certificate of Refugee Status Recognition, Permission to Stay (F-2) Notice of Non-Recognition Appeal to the Minister of Justice (within 30 days) The Refugee Committee Valid Ground(s) (Granted) No Valid Ground (Refused) Humanitarian Status (G-1) Notice of Refusal, Non- Permission for an Extension of Period of Stay Repatriation 16

17 (1) Who can apply? An alien arriving at a border port-of-entry(airport, or sea), who wishes to enter or land in the territory of the ROK. (2) When to apply? You can submit a written Application for Refugee Status Recognition during the entry inspection. (3) Where to apply? You need to submit your application to the immigration office or branch office with jurisdiction over the port of entry. (4) Determination on referral An individual who applied for refugee status at the port of entry must go through the pre-screening assessment. The assessment will determine whether or not your application should be referred to the refugee status determination procedure. The Chief of an immigration office or a branch office (hereinafter referred to as the Office Chief or the Branch Chief ) at the port of entry will decide whether to refer your application to RSD procedures within 7 days. The Office Chief or Branch Chief may not refer a refugee status applicant to refugee recognition review procedures, if a person falls under any of the following subparagraphs: 17

18 Grounds for Non-referral When there are substantial grounds to regard the person as a danger to the safety and public order of the Republic of Korea; When the person s identity cannot be verified due to such person s refusal to comply with inquiries concerning personal profiles, etc.; When the person attempts to obtain refugee status by knowingly concealing facts including, but not limited to, by submitting a false document. However, this shall not apply if the person voluntarily reports such facts without delay; When the person came from a safe country of origin or a safe third country, in which little possibility of persecution exists; When the person, whose refugee application has been denied or whose refugee status has been terminated, reapplies for such status without a material change of the circumstances; When there are substantial grounds to regard any of the subparagraphs of Article 19 of the Act as applying to the applicant; or When the person s basis for applying for refugee status is found to be clearly groundless, including, but not limited to, when the application was made solely for economic reasons. (5) Procedures after referral When your application is referred to the RSD procedures, a Receipt of Refugee Application will be issued. Once the referral is granted, you will be given a status as a refugee applicant. The Office Chief, etc., will conduct the entry inspection and provide you with a permit of entry if deemed eligible for referral. The officer may provide the entry permit which authorizes 90 days of stay, on conditions which include your appearance for RSD procedures, etc. Once you enter Korea, you are required to complete an Alien Registration at the immigration office with jurisdiction over your place of residence within 90 days of entry. 18

19 The Refugee Status Determination (RSD) procedures will be conducted by RSD officers at the immigration office with jurisdiction over your place of stay. Please refer p.23 for locations of immigration offices For Recognized Refugees, Humanitarian Status Holders, and Refugee Status Applicants 19

20 2 Applying for Refugee Status during Stay in Korea <Application for Refugee Status and Asylum Procedures> Reception of Refugee Application Interview Refugee Status Determination Granted Refused Certificate of Refugee Status Recognition, Permission to stay (F-2) Notice of Non- Recognition Appeal to the Minister of Justice (Within the 30-day period) Refugee Recognition Committee Valid Ground(s) (Granted) No valid ground (Refused) Humanitarian Status (G-1) Notice on Refusal, Nonpermission for an Extension of Period of Stay Repatriation 20

21 (1) Who can apply? An alien staying in the Republic of Korea (ROK). (2) When to apply? You must apply for refugee status while you are staying in Korea. (3) Where to apply? You can apply at an immigration office, immigration branch office or an immigration detention center in Korea. Go to p.36 for more details on immigration offices in Korea The Office Chief or other immigration officer, who receives your refugee status application, will issue an application receipt. (4) How to apply? If you wish to apply for refugee status, you need to submit a written Application for Refugee Status Recognition to the immigration office or the branch office with jurisdiction over your place of stay. If you are a minor under the Civil Act of the ROK, or you are unable to submit the application yourself due to sickness or other unavoidable circumstances, your parent, spouse, child, relative, or lawyer may apply for refugee status on your behalf. (5) What to prepare? Required documents If you wish to apply for refugee status, you need to submit all the following documents: An Application for Refugee Status Recognition; If you cannot fill out your application form due to illiteracy or disabilities, the immigration officer, who receives your application, may help you fill out the form. Both you and the official must sign or name and seal on the document. The Application for Refugee Status Recognition form is available at receptions of immigration offices and at the Hi-Korea website (Click Forme at the upper right corner of the screen). 21

22 One copy of supplementary document proving that you are a refugee (including your written statement); Your identification photo (must satisfy the conditions below). Identification Photo Format, etc Must be in color. 3.5cm wide 4.5 cm high and sized so the height of the head measures between 2.5cm and 3.5cm from the bottom of the chin to the top of the head. Taken in front of a plain white or off-white background. Taken within last 6 months from the application date. Taken in full-face view directly facing the camera. No accessories that cover parts of the face including sunglasses or a hat/cap However, people with disability (i.e. blind persons) are permitted to wear such accessories for medical purposes. One Copy of Your Health Examination Report You must submit a health examination report which includes the test results of tuberculosis, syphilis, and Acquired Immune Deficiency Syndrome(AIDS). The Minister of Justice may provide support for the relevant medical cost. Required documents A registered foreigner: Passport and the Alien Registration Card. If any of them is not available, a written statement explaining the reason for unavailability. A person of conditional admission or of temporary refugee landing: respective permission documents. (6) Note : Submission of translated documents If the documents (including your statement) are written in a language other than Korean or English, you need to enclose the translated version of the documents to the original texts. 22

23 3 Refugee Status Determination Procedures Refugee Status Determination (RSD) Procedures are conducted based on the materials submitted by the person who filed for the refugee status application. Therefore, you need to prove your refugee claims via supplementary evidence and/or statements. During RSD procedures, RSD officers will interview you and conduct factual investigations based on your claim. The decision will be made within 6 months of the date the application was received. However, the procedures may be extended for up to additional 6 months due to unavoidable circumstances. Currently, the Minister of Justice operates 8 main immigration offices where RSD officers are dispatched, in order to perform interviews and factual investigations on refugee claims received at jurisdictional immigration offices and branch offices. Main Immigration Offices Incheon Airport Seoul Busan Gwang-Ju Jeju Hwaseong Immigration Detention Center Cheongju Immigration Detention Center Yeosu Immigration Offices and Branch Offices Incheon Airport Seoul, Southern Seoul, Incheon, Suwon, Yangju, Gimpo, Daejeon, Chuncheon, Cheongju (Branch Office) Sejong-no, Ansan, Pyeongtak, Osan, Seosan, Cheonan, Goyang, Donghae, Sokcho, Goseong Busan, Daegu, Gimhae, Ulsan, Changwon (Branch Office) Gamcheon, Gumi, Pohang, Tongyeong, Sacheon, Geoje Gwangju, Jeonju (Branch Office) Mokpo, Gunsan Jeju Hwaseong Immigration Detention Center Cheongju Immigration Detention Center Yeosu (Branch Office) Gwangyang 23

24 4 Permission to Stay for Refugee Status Applicants (1) Grant of status of stay, a change of status You may receive a G-1 Miscellaneous visa or, change your status to G-1 at the immigration office, or branch office with jurisdiction over your place of residence. Required Documents: A written application (Annex No. 34), the receipt of refugee status application, an identification photograph, passport (if your passport is not available, a written statement explaining the reasons for unavailability is required), proof of place of residence, fee. (2) Extension of stay You may apply for the extension of stay at the Immigration office or branch office with jurisdiction over your place of residence (the authorized duration of stay may be extended for up to 6 months per application), if: Your RSD procedure has not been completed within the permitted period of stay; Your visa expires during the preparation period for appeal, or before you receive the decision on your appeal. Your visa expires during the preparation period for an administrative appeal or before the completion of the administration appeal. Required documents: Application form (Annex No.34), Alien Registration Card, Proof of place of residence. No fee. (3) Report of the change of place of stay If a refugee applicant, who is a registered alien and legally staying in Korea on the G-1 visa, changes the place of stay, he/she needs to submit a Move- In Report to the head of the city, region or district (Si, Gun, Gu) or to the immigration office or branch office within 14 days of the date he/she changed the place. 24

25 5 Permission for Employment of Refugee Status Applicants (1) Who can apply? If a refugee status applicant falls under the category below, he/she may work in the ROK as he/she wishes. To this end, the person shall find a workplace first within the permitted period of stay and then apply for permission for activities beyond his/her given status at the immigration office or branch office with jurisdiction over his/her place of stay (for up to maximum 6 months). 6 months have passed since the person applied for refugee status application; or The Office Chief, etc., deems it necessary for the applicant to work to support his/ her dependant family members who do not have abilities to work due to disabilities, or other reasons. (2) Required documents A written application (Annex. No. 34), passport, alien registration card, written employment contract, a copy of business license, no fee. (3) Matters regarding permission When you obtained permission for activities beyond the given status of stay, the immigration officer will provide you with a permission stamp (contains permitted activity and duration) on your passport. If necessary, you may receive permission in writing. (4) Permitted areas of employment You may work in areas for unskilled workers where your employment activity is not prohibited. However, if you wish to work in an area which requires professional skills, you must meet the criteria regulated by the Immigration Control Act and its regulations, and obtain permission for activities beyond your given status of stay. When your workplace is changed, you must re-obtain permission to activities beyond your given status of stay prior to the start the work. 25

26 Prohibited Places for Employment Working in a place where speculative and gambling businesses are conducted as specified in subparagraph 1 of Article 2(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., and Article 2 of the Enforcement Decree thereof. Working as an employee who entertains guests in a place of business which is considered a singing bar or entertainment bar under Article 36 of the Food Sanitation Act and subparagraph 8 of Article 21 of the Enforcement Decree thereof. Working in a business which may be prejudicial to good public morals and which falls under the category of the businesses negatively affecting public morals, as prescribed by Article 2 of the Act on the Regulation of Amusement Businesses Affecting Public Morals and Article 2 of the Enforcement Decree thereof. Other activities crossing the boundary of expected conducts of refugee status applicants, or Freas where the Minister of Justice deems it necessary to prohibit employment activities of refugee status applicants. (5) Punishments for those who violated the conditions for permission of employment If you who obtained permission to stay as a refugee status applicant are exposed while working illegally within the permitted period of stay, punishments/penalties may be imposed as stated in the following. - First count : permission to stay after an exempted notification disposition(submit Certificate of Legal Compliance ) - Second count : permission to stay after a notification disposition - Third count : criminal charge 26

27 6 Completion of RSD Procedures (1) Voluntary withdrawal of refugee status application If an applicant wishes to withdraw his/her refugee application due to any of the following reasons below, the person needs to submit a written Request for Withdrawal of Refugee Status Application to an immigration office, a branch office or a detention center in Korea: The person voluntarily determines that he/she is no longer in need of refugee recognition anymore due to change of circumstance in the country of origin, including the cause of persecution has been resolved; The person voluntarily gives up his/her refugee recognition application and decides to return to his/her country due to unavoidable circumstances including illness of family, etc.; The person wishes to withdraw the refugee status application, as he/she has changed his/her status to another, such as an F-6 A Spouse of a Korean National, etc.; or The person has other changes in circumstances other than those listed above, which renders the person impossible to stay in Korea. (2) Termination of RSD procedures RSD procedures may be terminated if: The person fails to respond to requests to appear for interviews, etc., for 3 or more consecutive times; The person s whereabouts are unknown (including the time when a service by public notification is unanswered); The authorized duration of stay expires after the refugee status applicant departed; The person acquires a Korean nationality; or It deems necessary due to a compelling reason, including the death of the person, etc. 27

28 7 Issuance of the Certificate of Recognized Refugees Once recognized as a refugee, you will receive a Certificate of Refugee Status Application from an immigration office which granted your status. Other immigration offices or branch offices can also issue the certificate. Please show this certificate if requested to prove your refugee status when you receive treatments and rights as a refugee. 8 Permission to Stay for Recognized Refugees Once recognized as a refugee, you need to change your visa to a F-2 Resident or acquire a status of stay from the immigration office with jurisdiction over your place of stay. Required Documents: Certificate of Refugee Status Recognition, a written Application (Annex No.34), and an identification photo, passport (if not available, statement explaining the reasons), proof of residence, fee. The issuance of Alien Registration Card may take 2-3 weeks depending on the circumstance of the immigration office. You may stay in Korea for an extended period of time until the circumstance related to your refugee status ceases to exist (Application for the Extension of Stay is required). 9 Issuance of the Notice on Non-Recognition of Refugee If your application for refugee status is denied, you will receive a Notice on Non-Recognition of Refugee Status from the immigration office where the decision was made. Other immigration offices or branch offices can also issue the notification. If your application for refugee status is denied, you may file an appeal within 30 days of the date you received a Notice on Non-Recognition of Refugee Status. Other immigration offices or branch offices will also accept your application. Go to p.31 for more details regarding the appeal 28

29 10 Limitation on Refugee Recognition An application for refugee status can be denied, if: The applicant is currently receiving protection or aids from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees (UNHCR); The applicant has committed a crime against peace, a war crime or a crime against humanity, as defined in international conventions or generally recognized international rules; The applicant has committed a serious non-political crime outside the Republic of Korea prior to his/her admission into the Republic of Korea; or The applicant has been guilty of acts contrary to the purposes and principles of the United Nations. 11 Cancellation and Withdrawal of Refugee Status Recognition (1) Cancellation of Refugee Status Recognition The Minister of Justice may cancel or withdraw the decision to recognize refugee status if the person became a recognized refugees. by submitting false documents; by making false statements; or by concealing facts. (2) Withdrawal of Refugee Status Recognition The Minister of Justice may withdraw the decision to recognize refugee status, if the person: 29

30 has voluntarily re-availed him/herself of the protection of the country of his/her nationality; having lost his/her nationality, has voluntarily re-acquired it; has acquired a new nationality, and enjoys the protection of the country of his/ her new nationality; has voluntarily re-established him/herself in the country which he/she left or outside which he/she remained owing to fear of persecution; because the circumstances connected to his/her recognition as a refugee have ceased to exist, can no longer continue to refuse to avail him/herself of the protection of the country of his/her nationality; or has no nationality and, because the circumstances in connection to his/her recognition as a refugee have ceased to exist, he/she is able to return to the country of his/her former habitual residence. (3) After cancellation or withdrawal of refugee status recognition When the Minister of Justice cancels the decision to recognize refugee status, a Notice on the Cancellation/Withdrawal of Refugee Status Recognition will be issued to the recognized refugee or his/her representative, and the Certificate of Refugee Status Recognition will be recollected by government. A person who receives a Notice on the Cancellation/Withdrawal of Refugee Status Recognition may file an appeal against the decision within 30 days of the date he/she received such notification (Please refer to p26 for more details regarding appeals). Please refer to p.31 for more details regarding appeals 30

31 Refugee Status Determination Procedures in Korea Appeal Chapter 6 1 Appeals Process (1) Who can apply? A person to whom any of the followings applies may file an appeal to the Minister of Justice. The alien who received a Notice on Non-Recognition of Refugee Status; or The alien who received a Notice on the Cancellation, Withdrawal of Refugee Status Recognition (2) When to apply? You may file an appeal to the Minister of Justice within 30 days of the date you received a Notice on Non-Recognition of Refugee Status or, a Notice on the Cancellation/Withdrawal of Refugee Status Recognition from the Office Chief, Branch Chief or Chief of Immigration Detention Centers (hereinafter Center Chief). (3) Where to apply? You can file an appeal to the immigration office or branch office with jurisdiction over your place of stay. Other immigration offices or branch offices will also accept your application. An appeal filed by your representative will also be accepted. (4) Required documents A written Application for Appeal (attached by materials explaining the grounds for appeal). 31

32 2 Review by the Refugee Committee The Refugee Committee established under the Ministry of Justice is in charge of appeal reviews. The Refugee Committee will consist of lawyers, college/university professors, and experts who have expertise and experiences regarding refugee work. 3 Decision by the Minister of Justice The Minister of Justice will, upon examining and deciding whether to recognize the applicant of an appeal as refugee, notify the decision to the Office Chief, Branch Chief or Center Chief with jurisdiction over the place of stay of the applicant. (1) Issuance of the Certificate of Refugee Status Recognition and Permission to Stay If the applicant s appeal is found to have merit, the jurisdictional immigration office, branch office, Immigration Detention center will issue a Certificate of Refugee Status Recognition to you. If the person, who received the notice of recognition of refugee status, submits the certificate of refugee recognition, a written application (Annex No. 34), and one copy of identification photo, passport, and fee to the head of the immigration office with jurisdiction over his/her place of stay, he/she will be given an alien Registrator card which allows him/her to stay in Korea for up to 3 years on an F-2 visa. The issuance of Alien Registration Card may take 2-3 weeks depending on the circumstance of the immigration office. If deemed necessary, a recognized refugee may stay in Korea for an extended duration, upon request, until the circumstance in connection to his/her status ceases to exist. 32

33 (2) Issuance of Disapproval Notice on an Appeal When the Minister of Justice finds that an appeal has no merit, a Disapproval Notice on an Appeal will be issued to the applicant by an immigration office, branch office, or immigration detention center. A person whose appeal is dismissed, may lodge an administrative litigation within 90 days of the date he/she is notified with the decision, or within a year of the date the dismissal was executed. During the litigation period, he/ she may, as a refugee status applicant, apply for the extension of stay to the immigration office or branch office with jurisdiction. 33

34 Refugee Status Determination Procedures in Korea Refugee Travel Document Chapter 7 1 Who can apply? If an alien who is a recognized refugee wishes to travel abroad, the refugee him/herself may apply for an issuance of a refugee travel document to an immigration office, or a branch office with jurisdiction over his/her place of stay. However, if the person who files for the travel document is a minor under the Civil Act or cannot file him/herself due to illness, etc., his/her parent, spouse, children or relatives may apply for the document on behalf of him/her. 2 Required Documents (1) Documents Application for the Issuance of a Refugee Travel Document. The Application form is available at the reception counter of an Immigration offices and at the Hi-Korea website (Click Form at the upper right corner of the webpage) An identification photo. Identification Photo Format, etc Must be in color. 3.5cm wide 4.5 cm high and sized so the height of the head measures between 2.5cm and 3.5cm from the bottom of the chin to the top of the head. Taken in front of a plain white or off-white background. Taken within last 6 months from the application date. Taken in full-face view directly facing the camera. No accessories that cover parts of the face including sunglasses or a hat/cap However, people with disability (i.e. blind persons) are permitted to wear such accessories for medical purposes. Fee: 10,000 Won (in Revenue Stamp). 34

35 (2) Required documents Certificate of Refugee Status Recognition or Alien Registration Card. 3 Valid Period /Reissuance of Refugee Travel Document The validity of a refugee travel certificate is two years, and it may be extended up to a maximum of 1 year. However, as the document is now issued in the electronic passport format, the extension of validity is currently not available (Relevant laws are under revision to extend the period to 3years). The number of entry is irrelevant within the validity period. Therefore, you are not required to obtain re-entry permission until the validity date expires. The Minister of Justice may, if it deemed particularly necessary, limit the validity period of re-entry from 3 months to less than 1 year; as a result, if your date of re-entry is designated, you must enter the ROK before the designated re-entry date regardless of the remaining validity period of your travel documents. If a recognized refugee cannot enter Korea within the expiration date of refugee travel document due to a compelling reason including illness, etc., he/she may extend the valid period of document for up to 6 months. You need to submit the following documents to the head of a Korean diplomatic mission abroad. Required Documents: application for an extension of valid period of refugee travel document, a statement explaining the reasons. If your refugee travel document is lost or damaged, you may submit the following documents, within 14 days of the date of occurrence, to the head of a jurisdictional immigration office, branch office or Korean diplomatic mission abroad for re-issuance: the identification photo, a written application for reissuance of Refugee Travel Document, and a written statement explaining a reason for re-issuance. 35

36 Immigration Offices, Immigration Branch Offices, Immigration Detention Center in Korea Name of the Office Address Contact No. Incheon Airport Immigration Office 272, Gonghang-ro, Jung-gu, Incheon ~7,9 Seoul Immigration Office 151, Mokdong-ro, Yangcheon-gu, Seoul th F 401, 93, Mokdongnam-ro, Yangcheon-gu, Seoul Busan Immigration Office 20 Chungjang-daero, Jung-gu, Busan ~5 Incheon Immigration Office 393 Seohae-daero, Jung-gu, Incheon Suwon Immigration Office 39 Bandal-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do Southern Seoul Immigration Office 151 Mokdongdong-ro, Yangcheon-gu, Seoul Gimhae Immigration Office 108, Gonghangjinip-ro, Gangseo-gu, Busan Jeju Immigration Office 277, Imhangro,Jeju-si, Jeju-do Daegu Immigration Office 71, Dongchon-ro, Dong-gu, Daegu Daejeon Immigration Office 7, Mokjung-ro, 26 beon-gil, Jung-gu, Daejeon, Korea Yeosu Immigration Office 265, Museon-ro, Yeosu-si, Jeollanam-do Yangju Immigration Office 23, Pyonghwa-ro, 1475 beon-gil, Yangju-si, Gyeonggi-do Ulsan Immigration Office 2nd F, Samho Building, 86, Dotjil-ro, Nam-gu, Ulsan Gimpo Immigration Office 38, Haneul-gil, Gangseo-gu, Seoul, Korea Gwangju Immigration Office 22,Sangmu-daero 911 beon-gill, Gwangju Changwon Immigration Office Jeonju Immigration Office Chuncheon Immigration Office Cheongju Immigration Office Incheon Airport Immigration Office Seoul Station Branch Office Incheon Airport Immigration Office Seoul Immigration Office Sejong Branch Office Busan Immigration Office Gamcheon Branch Office 30, Je2 budu-ro, Masanhappo-gu, Changwon-si, Gyeongsangsnam-do 857, Dongbu-daero, Deokjin-gu, Jeonju-si, Jeollabuk-do 12 Saam-gil, Dongnae-myon, Chuncheon-si, Gangwon-do 52, Biha-ro, 12 beon-gil, Heungdeok-gu, Cheongju-si, Chungcheongbuk-do 2nd basement level, Seoul Station, 405, Hangang-daero, Yongsan-gu, Seoul , Assem-gil, Gannam-gu, Seoul ,3F Seoul Global Center, 38 Jong-ro, Jongno-gu, Seoul th F, Hoegwandong, 25 Wonyang-ro, Seo-gu, Busan

37 Name of the Office Address Contact No. Incheon Immigration Office Ansan Branch Office Suwon Immigration Office Pyeongtaek Branch Office Suwon Immigration Office Osan Branch Office Daegu Immigration Office Gumi Branch Office Daegu Immigration Office Pohang Branch Office Dajeon Immigration Office Seosan Branch Office Daejoen Immigration Office Cheonan Branch Office Yeosu Immigration Office Gwangyang Branch Office Yangju Immigration Office Goyang Branch Office Gwangju Immigration Office Mokpo Branch Office Changwon Immigration Office Tongyeong Branch Office Changwon Immigration Office Sacheon Branch Office Changwon Immigration Office Geoje Branch Office Jeonju Immigration Office Gunsan Branch Office Chuncheon Immigration Office Donghae Branch Office Chuncheon Immigration Office Sokcho Branch Office Chuncheon Immigration Office Goseong Branch Office Hwaseong Immigration Detention Center Chengju Immigration Detention Center Immigration Reception Center 96, Gwangdeok 4-ro, Danwon-gu, Ansan-si, Gyeonggi-do 86, Pyeongtaekhangman-gil, Poseung-eup, Pyeongtaek-si, Gyoenggi-do 5, San Sinjang-dong, Pyeongtaek-si, Gyeonggi-do. (within K-55 area) 2nd, and 3rd F of Gumi Business Support Center, , Gumi-daero-Gumi-si, Gyeongsangbuk-do 135,Woochangdong-Ro,Buk-gu, Pohang,Gyeongsangnam-do 6th F, Seorim building, 28, Eumnae 3-ro, Seosan-si, Chungcheongnam-do 403 Chungnam Northern CCI, 215, Gwanjang-ro, Sebuk-gu, Cheonan-si, Chungcheongnam-do , Jungdong 2-gil, Gwangyang-si, Jeollanam-do , Hwajung-ro, 104 beon-gil, Deogyang-gu, Goyang-si, Gyeonggi-do 26, Baengnyeon-daero, 412 beon-gil, Mokposi, Jeollanam-do , Nammang-gil, Tongyeong-si, Gyeongsangnam-do , Samcheonpodaeguo-ro, Sacheon-si, Gyeongsangnam-do 24, Yeonsa 1-gil, Yeoncho-myeon, Goeje-si, Gyeongsangnam-do , Hamang-ro, Gunsan-Si, Jeollabuk-do , Haean-ro, Donghae-si, Gangwon-do Sokcho Port Support Center, 26, Dongmyonghang-ro, Gangwon-do 9097, Donghae-daero, Hyeonnae-myeon, Goseong-gun, Gangwon-do Hwaseong-ro, Mado-myeon, Hwaseong-si, Gyeonggi-do 49, Cheongnam-ro, 1887 beon-gil, Heungdeok-gu, Cheongju-si, Chungchengbuk-do, 123, Yeongjonghaeanbuk-ro 1204 beon-gil, Jung-gu, Incheon

38 UNHCR Korea 1. UNHCR (United Nations High Commissioner for Refugees) 2. UNHCR Korea is an international, non-political and humanitarian organization of the United Nations. It was established in 1950 by the UN assembly and has been operating since January, The role of UNHCR is to provide international protection and find a solution for refugees. 4. the UNHCR is providing information on asylum seeking procedures, rights and situation of refugees in the ROK via direct counseling, call, or to refugees, humanitarian status holders, refugee status applicants. Counseling telephone : Counseling hours : Mondays, Tuesdays, Thursdays, and Fridays, 9:30am to 12:30pm Counseling info@unhcr.or.kr Address : Gumsegi builing, 7th F, Euljiro 1-ga, Jung-gu, Seoul, Korea. (Postal code) Website : Refugee Support Organization Refuge pnan(pnan) pnan provides accommodations, counseling, and legal support for refugees. Contact No : FAX No. : pnan@pnan.org Website : Address : Raemian-sang-ga-3rd F, 456, Sangdo-dong, Dongjak-gu, Seoul, South Korea, (Postal Code) NANCEN NANCEN provides accommodations and human rights protection for refugees. Contact No. : Fax No. : refucenter@gmail.com Website: Address : Garibong-dong, Guro-gu, Seoul, South Korea, (Postal Code)

39 Refugee Status Determination Procedures in Korea Refugee Act/ Enforcement Decree and Enforcement Rule of the Refugee Act 39

40 Indemnity: This Act translated into English shall not be construed as having official authority and shall be used only for reference. In case of any divergence of interpretation of the Korean and English version thereof, the Korean version shall prevail. KIS will and shall not be held liable for any misinterpretation.

41 The Refugee Act Chapter 1. General Provisions Article 1 (Purpose) This Act is intended to stipulate matters on the status and treatment of refugees pursuant to the 1951 Convention relating to the Status of Refugees (hereinafter referred to as the Refugee Convention ) and the 1967 Protocol relating to the Status of Refugees (hereinafter referred to as the Refugee Protocol ). Article 2 (Definitions) Definitions of the terms in this Act are as follows: 1. A refugee refers to an alien who is unable or unwilling to avail him/herself of the protection of his/her country of nationality owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; or who, not having a nationality, is unable or, owing to such fear, unwilling to return to the country of his/her former residence (hereinafter referred to as the country of habitual residence ) prior to entry into the Republic of Korea. 2. A person who is recognized as a refugee (hereinafter referred to as a recognized refugee ) refers to an alien who is recognized as a refugee in accordance with this Act. 3. A person who is given permission to stay on humanitarian grounds (hereinafter referred to as a humanitarian status holder ) refers to an alien to whom subparagraph 1 does not apply but for whom there are reasonable grounds to believe that his/her life or personal freedom may be egregiously violated by torture or other inhumane treatment or punishment or other circumstances, and who is given permission to stay by the Minister of Justice in accordance with the Presidential Decree. 4. A person who has applied for refugee status (hereinafter referred to as a refugee status applicant ) refers to an alien who has filed a refugee status application and to whom any of the following subparagraphs applies: (a) The person s refugee status application is being examined under the refugee status determination procedure; (b) The person s refugee status application was rejected or the person s appeal against the denial of refugee status was dismissed, and the filing period for an appeal, administrative appeal or administrative litigation concerning the decision has not expired; or (c) The person s administrative appeal or administrative litigation concerning the denial of refugee status is ongoing. 5. A refugee seeking resettlement refers to an alien who is a refugee outside the territory of the Republic of Korea and who wishes to resettle in the Republic of Korea. 6. An alien refers to a person who is not a national of the Republic of Korea. Article 3 (Prohibition of Refoulement) Recognized refugees, humanitarian status holders and refugee status applicants shall not, in accordance with Article 33 of the Refugee Convention and Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, be forcibly returned against their will. Article 4 (Application of Other Laws) For matters concerning the status and treatment of recognized refugees, humanitarian status holders and refugee status applicants not stipulated under this Act, the Immigration Control Act shall apply. Chapter 2. Refugee Status Application and Determination Article 5 (Refugee Status Application) (1) An alien in the territory of the Republic of Korea who wishes to attain refugee status may apply for refugee status to the Minister of Justice. To this end the alien shall submit an Application for Recognition of Refugee 41